# The ACAS (Flexible Working) Arbitration Scheme (Great Britain) Order 2004, Part: CONTENTS Paragraphs I. INTRODUCTION 1-5 II. THE ROLE OF ACAS 6 Routing of communications 7-8 III. TERMS AND ABBREVIATIONS 9-16 IV. APPLICATION OF THE SCHEME 17 V. ARBITRATORS' TERMS OF REFERENCE 18 VI. SCOPE OF THE SCHEME Cases that are covered by the Scheme 19-21 Waiver of jurisdictional issues 22-23 Inappropriate cases 24 VII. ACCESS TO THE SCHEME 25 Requirements for entry into the Scheme 26-28 Notification to ACAS of an Arbitration Agreement 29 Consolidation of proceedings 33 VIII. SETTLEMENT AND WITHDRAWAL FROM THE SCHEME Withdrawal by the Employee 34 Withdrawal by the Employer 35 Settlement 36-40 IX. APPOINTMENT OF AN ARBITRATOR The Arbitration Panel 41 Appointment to a case 42-43 Arbitrator’s duty of disclosure 44-45 Removal of arbitrators: English/Welsh arbitrations 46EW-53EW Removal of arbitrators: Scottish arbitrations 54S-59S Death of an arbitrator 60 Replacement of arbitrators 61-62 X. GENERAL DUTY OF THE ARBITRATOR 63-64 XI. GENERAL DUTY OF THE PARTIES 65 XII. CONFIDENTIALITY AND PRIVACY 66-67 XIII. ARRANGEMENTS FOR THE HEARING Initial arrangements 68-71 Expedited hearings 72 Venue 73-74 Assistance 75 Travelling expenses/loss of earnings 76-77 Applications for postponements of, or different venues for, initial hearings 78-80 XIV. NON-COMPLIANCE WITH PROCEDURE 81 XV. OUTLINE OF PROCEDURE BEFORE THE HEARING 82 Written materials 83-88 Submissions, evidence and witnesses not previously notified 89-90 Requests for documents 91 Requests for attendance of witnesses 92 Preliminary hearings and directions 93-94 XVI. OUTLINE OF PROCEDURE AT THE HEARING Arbitrator’s overall discretion 95 Language 96 Witnesses 97 Examination by the arbitrator 98 Representatives 99 Strict rules of evidence 100 Non-attendance at the hearing 101-102 Post-hearing written materials 103 XVII. QUESTIONS OF EC LAW, THE HUMAN RIGHTS ACT 1998 AND DEVOLUTION ISSUES Appointment of legal adviser 104-107 Court determination of preliminary points: English/Welsh arbitrations 108EW Court determination of preliminary points: Scottish arbitrations 109S-110S XVIII. AWARDS Form of the award: English/Welsh arbitrations 111EW-113EW Form of the award: Scottish arbitrations 114S-116S Remedies 117 IXX. AWARDS OF COMPENSATION 118-120 XX. ISSUE OF AWARDS AND CONFIDENTIALITY 121-122 XXI. CORRECTION OF AWARDS Scrutiny of awards by ACAS 123 Correction by the arbitrator 124-131 XXII. EFFECT OF AWARDS, ENFORCEMENT AND INTEREST Effect of awards 132-134 Enforcement 135EW-136S Interest 137 XXIII. CHALLENGING THE AWARD Challenges on grounds of substantive jurisdiction: English/Welsh arbitrations 138EW Challenges on grounds of substantive jurisdiction: Scottish arbitrations 139S-144S Challenges for serious irregularity: English/Welsh arbitrations 145EW Challenges for serious irregularity: Scottish arbitrations 146S-150S Appeals on questions of EC law, the Human Rights Act 1998 and devolution issues: English/Welsh arbitrations 151EW Appeals on questions of EC law, the Human Rights Act 1998 and devolution issues: Scottish arbitrations 152S-155S Time limits and other procedural restrictions on challenges to awards: English/Welsh arbitrations 156EW Time limits and other procedural restrictions on challenges to awards: Scottish arbitrations 157S-159S Common law challenges and saving 160EW-161S Exclusion of stated case procedure 162S Challenge or appeal: effect of order of the court 163EW-164S XXIV. LOSS OF RIGHT TO OBJECT 165 XXV. IMMUNITY 166-167 XXVI. MISCELLANEOUS PROVISIONS Requirements in connection with legal proceedings 168EW Service of documents and notices on ACAS or the ACAS Arbitration Section 169-170 Service of documents or notices on any other person or entity (other than ACAS or the ACAS Arbitration Section) 171-173 Powers of court in relation to service of documents 174EW Reckoning periods of time 175EW-176S XXVII. GOVERNING LAW ETC 177EW-178S APPENDIX A: WAIVER OF RIGHTS: English/Welsh arbitrations APPENDIX B: WAIVER OF RIGHTS: Scottish arbitrations --- Source: https://www.legislation.gov.uk/uksi/2004/2333/schedule/part/1 (the official version) Page: https://openlegislation.uk/acas-flexible-working-arbitration-scheme-great-britain-order-2004/schedule/part-1 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.